BRIEF: Chinese Human Rights Lawyer Reported Missing

BRIEF: Chinese Human Rights Lawyer Reported Missing

BEIJING, China – Teng Biao, a Chinese human rights lawyer, who has defended dissidents and called on the Communist Party to improve its human rights record ahead of the 2008 Summer Olympics, is missing.  Teng’s wife and friends fear that the police may have secretly detained him.  Teng has belonged to a group of young Chinese activists who have used test cases, online petitions and media publicity to campaign for stronger rights under the Chinese Communist Party.

In recent months, Mr. Teng has attracted attention because of his commentary on China’s record on human rights and his call for the release Hu Jia, an outspoken Beijing dissident who faces subversion charges after spending much of last year under house arrest.  He also warned last month that Beijing’s Olympic Games, which opened on August 8, had led to some retreat in China’s human rights. A rights activist who spoke to Teng recently said he appeared “deeply downcast and under pressure”, partly because state security officers had confiscated his passport and a deadline loomed for deciding whether to challenge their act in court.

Mr. Teng disappeared on Thursday evening after calling to say he would be home in 20 minutes, said his wife, Wang Ling. Shortly afterward, she said, she heard shouting in the parking lot below the family apartment and later found her husband’s empty car. Witnesses told her that two men had dragged someone out of the car and taken him away.

For more information, please see:

International Herald Tribune – Chinese rights activist reported missing – 07 March 2008.

New York Times – Chinese Rights Activist Reported Missing – 08 March 2008.

Reuters – China rights lawyer disappears and feared detained – 07 March 2008.

Update on Charles Taylor Trial

By Ted Townsend
Impunity Watch Reporter, Africa

THE HAGUE, Netherlands – The trial of former Liberian president Charles Taylor continued into its seventh week with a special request from the Special Court for Sierra Leone. The court asked the UK government to help track do wn millions of dollars believed to have been stolen by former Liberian President, Charles Taylor. Taylor is on trial accused of funding rebels in Sierra Leone. 

Taylor denies the charges, “but the chief prosecutor says if he is convicted for pillage, he wants his alleged stolen millions to be returned.” Chief Prosecutor Stephen Rapp expressed a desire to get the money back to the victims of Taylor’s atrocities, including thousands who survived the decade-long civil war, but were mutilated, raped and had their limbs amputated. Rapp has met with London to meet with the UK government, believing that the amount of resources and money that went through Liberia could add up to close to a billion dollars. Governments around the world have been co-operative when asked for help in the ongoing effort. Should the recovery effort succeed, Prosecutor Rapp has the money earmarked to the victims of the conflict.

The trial itself continued this week in closed session, but re-opened for the testimony of Revolutionary United Front (RUF) commander Mustapha Marvin Mansaray (Mansaray). The witness began his testimony describing how he was captured as a civilian in 1991. He was trained as a junior fighter, but eventually became a mining commander.

Mansaray then described the work of the RUF’s joint security board. If any fighter or commando violated an RUF law, this group would investigate and submit a report with recommendations, including demotion, transferral to the front line, or placement in a room under guard supervision.

Mansaray then described his experience with RUF field commander Sam Bockarie (Bockarie), who held that position from 1996-1999. Mansaray described Bockarie as a man who was “only interested in fighting the war. He had no interest in bringing soldiers to justice for crimes committed against civilians.” Bockarie also had committed crimes against civilians himself. Mansaray described one incident in particular when ten civilians captured by the RUF were tied up and thrown in a well where they died. Another time, five civilians were brought to camp by a hunting party. Three of them were immediately shot. The other two were buried alive.

Mansaray went on to describe other civilian murders by Bockarie and RUF soldiers alike, as well as an estimated two hundred rapes.

Mansaray then described a meeting in 1991 at which Charles Taylor spoke, supporting the RUF fighters, and then immediately left.

Mansaray’s second day of testimony continued with more vivid description of rape, lootings, killings of civilians and pillage by the RUF soldiers. He described the arrest of UN peacekeepers by an RUF member named Dennis Lansana on the orders of the RUF’s overall commander at the time, Issa Sesay. These peacekeepers were kept under house arrest as the RUF prepared charges against them, including that the peacekeepers had joined with the Sierra Leonean government to destroy the RUF. The peacekeepers were then taken to Liberia. Mansaray did not expound beyond that point.

Mansaray concluded his direct examination with descriptions of munitions and his control over diamond mines. He described a system in which civilians were forced to work in the mines and give any diamonds found to the RUF. If a civilian refused to hand over the diamonds, he was beaten or killed.

During cross examination, the defense focused on Mansaray’s role in the RUF’s internal defense unit and whether the unit acted upon complaints of mistreatment by the RUF of civilians. Mansaray testified that once Bockarie took over any complaints were rarely acted on. He concluded agreeing that the RUF commanders “often took the law into their own hands.”

For more information, please see:

BBC News – Taylor ‘millions’ wanted by court – 4 March 2008

allAfrica.com – After tales of killings, forced labor, arrests of UN peacekeepers – 6 March 2008

allAfrica.com – RUF Commander Describes Brutality, Murders, Rapes – 5 March 2008

charlestaylortrial.org – The Trial of Charles Taylor – last accessed 7 March 2008

allAfrica.com – Sierra Leone Court Chases Taylor’s Millions – 5 March 2008

Malaysians Denied a Fair Vote

By Kristy Tridhavee
Impunity Watch Senior Desk Officer, Asia

PENANG, Malaysia – Ahead of general elections for the national parliament on March 8th, the ruling Barisan National party has taken steps to deny Malaysians a fair vote. Human Rights Watch as called the elections “grossly unfair to the opposition.” To retain their majority, the Barisan National party has restricted free expression, controlled media outlets, and encouraged irregularities in the electoral process.

The Barisan National party is attempting to retain their majority in the national parliament because their two-thirds majority allows them to amend the constitution at will. Opposition parties currently hold only 9.6 percent of the vote.

Opposition parties have attempted to hold rallies, but police have refused to issue the proper permits that are required for gatherings of more than four people. However, Prime Minister Abdullah Ahman Badawi on March 1 was able to hold a rally of 20,000 supporters without incident.

Media outlets have also been severely restrained. An election observer inMalaysia reported to Human Rights Watch that there had been no presence in the media by the opposition party. In addition, all private-to-air channels are owned by the United Malays National Organization [UMNO]. UMNO is a founding member of the ruling coalition and Malaysia’s largest political party.

Irregularities in the electoral process have sparked concerns that the Barisan National party will attempt to manipulate the elections. Voter registrations have been transferred in mass to other districts, changes of address had not been reflected in assigned polling stations, and deceased voters are still enrolled to vote.

In addition, plans to end the introduction of indelible ink during voting on Saturday suggested another possible manner to manipulate voting. The indelible ink would have prevented phantom voting and multiple voting.

In recent months, there have been several outbreaks of protest and violence as a result of ethnic tensions. (please see: Ethnic Indians Protest Discrimination). Because of the increasing calls for change, Prime Minister Abdullah Ahman Badawi called for early elections. (please see: Brief: Malaysian Parliament Dissolved to Call Early Elections).

For more information, please see:

Human Rights Watch – Malaysia: Citizens Denied a Fair Vote – 5 March 2008

IPS – POLITICS-MALAYSIA: Plans Afoot to Rig Polls Say Opposition Parties – 5 March 2008

Taipei Times – Malaysians Will be Denied a Fair Vote: Activists – 6 March 2008

BRIEF: Qarase Suit Challenges Legality of Bainimarama’s Gov’t

SUVA, Fiji – Former Prime Minister Laisenia Qarase brought suit on Wednesday challenging the legality of the December 2006 takeover.  Commodore Voreqe Bainimarama maintains that his coup was necessary to remedy the failure of government, community, and religious leaders to deliver what the populace needs.  Nye Perram, QC, said in his opening statement that Qarase is still the prime minister of Fiji and that the takeover was not allowable under the Fijian constitution.

Perram said, “We are saying that Qarase was still Prime Minister and it was not constitutionally possible for the President to appoint the Commodore as interim Prime Minister. […] What has happened is simply not expressed in the Constitution.”

Lawyers for the state have indicated that they do not intend to call any witnesses.  They have also filed submissions regarding the accessibility of certain documents relevant to the case, namely Cabinet minutes, presidential advice, and discussions between senior state officials.  The issue of executive privilege has been raised.

President Ratu Josefa Iloilo’s official secretary, Rupeni Nacewa, was deposed on Friday with Iloilo’s permission.  The court will determine whether those affidavits will be admitted when it resumes on Tuesday.

For more information, please see:

Fiji Times – Bainimarama tells why – 05 March 2008

Fiji Times – Lawyer: Qarase still PM – 06 March 2008

Fiji Village – Qarase is Still the PM – SDL Lawyer – 06 March 2008

Radio Fiji – People have a right to know coup events: lawyer – 07 March 2008

Radio Fiji – No State witnesses in Qarase case – 07 March 2008

Fiji Times – Details in affidavit, court hears – 08 March 2008

Notorious Arms Dealer Arrested

By Myriam Clerge
Impunity Watch Senior Article Editor

NEW YORK, US – Through the joint effort of law enforcement agencies in at least five countries, Russian arms dealer Viktor Bout and his associate, Andrew Smulian, were arrested today. Bout, a former Soviet air force officer, has the largest private fleet of cargo aircraft in the world, most of which were acquired after the break-up of the Soviet Union. Although some of his work was legitimate, officials claim that for years Bout and Smulian delivered weapons and ammunitions to warlords and militants throughout the world. The two made millions of dollars in arm trafficking to Columbian rebels, al Qaeda, and the Taliban during their reign in Afghanistan. The US government claims Bout made profits of $50 million in Afghanistan alone.

Intelligence officials also allege that Bout sold arms to countries in Africa engaged in civil war in exchange for diamonds. The complaint alleges that Bout and Smulian were paid by West African fighters with blood diamonds.

Former Liberian President Charles Taylor, notorious for his war crimes and child soldier “recruitment program”, is also among the list of buyers from Bout and Smulian dealings. Taylor is presently being tried by the Special Court for Sierra Leone for war crimes.

In 2003 the US Department of State designated the pair as a foreign terrorist organization and one of the most wanted arm traffickers.

Bout and Smulian were arrested in Thailand after two undercover agents from the US Drug and Enforcement Admistration posed as Columbian rebels to purchase millions of dollars worth of weapons. The pair has been charged with conspiracy to provide “material support and resources” to a terrorist group. Each faces a maximum sentence of 15 years in prison. The US plans to extradite Bout from Thailand.

Bout denies all allegations of involvement with blood diamonds from Africa and arms dealing to al Qaeda or the Taliban.

For more information please see:

CNN – ‘Most-wanted’ Arms Dealer Arrested in Thailand – 6 March 2008